Seeking Compensation For Injuries Due To A Defective Product

Seeing products for sale on shelves makes consumers feel that these things are always safe for the public to use. No one can blame them as it is only natural to think that way. After all, companies have the legal responsibility to ensure the safety and effectiveness of the products that they manufacture and sell.

However, some products do not live up to quality standards. What is worse is if they end up causing harm. When this happens, you can hold the company liable for damages for any injuries that you may have sustained due to the defective product.

Product Liability

When you spend your hard-earned money on a certain product, you expect it to perform its intended purpose without any problems. Product liability refers to the individual or manufacturer that a victim holds liable for placing defective products into consumers’ hands. The law requires all products to meet consumer expectations.

Defective Product Cases

Generally, a product liability claim can fall under certain legal categories. These are negligence, strict liability, and breach of warranty. The type of case you will file will depend on these.

In Florida, there are three types of product defects that can lead to a case. Each comes with specific protections under state law.

• Design – You can have a product liability claim if the design of the manufacturer presents an unreasonable hazard to consumers. It means that the design of the product itself is inherently deficient or dangerous. This type of claim may extend to an entire product line. If you think your case falls under this, you will have to prove that the injury you received is a result of the defective design and not your negligence.

• Manufacturing – Another possible cause of a defect can be traced back to the manufacturing process. It happens when a product has some flaws caused by the way it was made in the factory. You can hold the manufacturer liable if the defects that caused your injuries happened between the design and packaging processes. If you want to file such a claim, you have to prove that the injury is because of the manufacturing defect, and not improper use.

• Failure To Provide Proper Warning – The last type of defective product case in Florida is the failure of the distributor or manufacturer to include appropriate warnings or adequate instructions on the product’s packaging. In this case, your lawyer will have to show that having a proper label could have lowered the risk or prevented the occurrence of an injury.

How It Works

Florida law sets a statute of limitations for defective product claims. You have to file a lawsuit within four years after discovering the problem. Additionally, you have to take note of the twelve-year statute of repose in Florida. This means that a manufacturer will not have liability in most cases twelve years after delivering a product to the first buyer.

State courts also use comparative negligence in these types of cases. They will award only a percentage of the liability compensation if you are partially at fault for your injury.


Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.

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